Loading...

⚠ ✕
❮ Top
☎ Help
☰
×

By creating an account you can:

Logo TaxTMI
Call Us / Help / Feedback✕

Contact Us At :

✉ E-mail: [email protected]

✆ Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters 0/2000
╳
Add to...
You have not created any category. Kindly create one to bookmark this item!
✕
Create New Category
Hide
Title :
Description :
+ Post an Article
Post a New Article ✕
Title :
0/200 char
Description :
Max 0 char
Category :
Co Author :

In case of Co-Author, You may provide Username as per TMI records

Articles

Filter by Law ✕
Filter by Law
View Top Authors
Advanced Search ❮
Reset Filters
Search By:
Search by Text :
Press 'Enter' to add multiple search terms
Select Date:
From To
Category :
Sort By:
Relevance Date
Showing Results for : Reset Filters
Like 0 Bookmark
GST returns overhaul: phased adoption of a principal RET form with annexure invoicing to improve reconciliation and filing accuracy.
Chapter VIII of the Central Goods and Services Tax Rules prescribes multiple specified returns and recognizes auto drafted forms and certificates for distinct taxpayer categories; notifications introduced a consolidated annual return requiring exact reconciliation with prior periodic filings, an audited reconciliation statement for larger taxpayers, and a final return on cancellation. A phased electronic return system replaces the short form monthly filing with a principal RET form and two annexures, using a trial rollout, continuous invoice uploads, and recipient viewable auto drafted inward supply data to improve reconciliation and filing accuracy. (AI Summary)
Date 29 Jun 2019
Replies 2 Replies
Like 0 Bookmark
GST return reform: phased rollout of new ANX and RET forms reshapes filing duties and ITC set off order.
A phased GST return reform mandates trial and then compulsory use of new return forms ANX 1 and ANX 2 alongside legacy returns during transition, with large taxpayers moving to monthly ANX 1 filings and small taxpayers to quarterly filings, eventual phasing out of legacy GSTR 3B, introduction of a RET consolidated return, non actionable viewing of supplier ANX 2 entries during rollout, and a new payment form for small taxpayers. (AI Summary)
Date 29 Jun 2019
Like 0 Bookmark
Reverse charge mechanism shifts tax liability to buyer, imposing invoicing, e way and input credit dependencies on suppliers' compliance.
The document explains that under GST the reverse charge mechanism makes a registered buyer liable to pay tax on specified goods and services received from unregistered suppliers, requiring the buyer to issue and retain self invoices, generate e way bills when applicable, and rely on suppliers' return filings for claiming input tax credit; it also explains import liabilities and the inclusion of free supplied goods in contract valuation for GST. (AI Summary)
Date 28 Jun 2019
Like 0 Bookmark
Arrest for GST offences cannot precede assessment; penal action follows formal determination of tax liability.
The Act treats returns as self assessment but recovery and penal consequences for alleged excess input tax credit or related defaults require formal determination by assessment under sections 61, 73 and 74. Investigation tools like inspection, seizure and statements may support proceedings, yet punishment under section 132 presupposes that an offence is established after assessment; voluntary admissions or payments do not replace adjudication. Seized documents must be supplied unless nondisclosure is reasonably justified by the proper officer, and coercive measures, including arrest, should not be invoked pre assessment where liability is contingent on determination. (AI Summary)
Date 28 Jun 2019
Like 0 Bookmark
Cash refund of unutilised input credit impermissible when factory closure prevents use; refund depends on statutory use conditions.
Cash refund under section 11B for unutilised CENVAT credit is not available where credit remains unused due to closure or inability to utilise inputs; the statutory scheme limits refund to duty credit relatable to inputs actually used in accordance with rules or notifications, and transitional provisions permit carrying forward of unutilised credit rather than mandating cash payment on cessation of activity. (AI Summary)
Author
Date 28 Jun 2019
Like 0 Bookmark
Tax invoice requirements: issuance, contents and alternatives govern invoicing, delivery challan use and reverse-charge documentation.
Registered persons must issue a Tax Invoice for inter-state and intra-state taxable supplies, including goods and services, before or at the time of supply, stating description, quantity, value and tax charged. Exempt supplies require a Bill of Supply; mixed supplies may use an Invoice cum Bill of Supply. Delivery Challans are required for job work, repairs, stock transfers and multi-vehicle movements, with the original tax invoice sent on final delivery. Supplies from unregistered suppliers under reverse charge require a Self Invoice; receipt, refund and payment vouchers document advances and payments. Credit and Debit Notes adjust earlier invoices. Document types and counts must be furnished in returns and misuse of delivery challans may attract penalties. (AI Summary)
Date 27 Jun 2019
Like 0 Bookmark
Form DPT-3 filing obligations require companies to report outstanding receipts and attach auditor certificates when filing annual or one-time returns.
Form DPT-3 requires companies (excluding specified financial and government entities) to report consolidated outstanding receipts not treated as deposits for the reporting period, with filing type determining the amounts to be reported. Mandatory attachments are triggered by form selections and include an auditor's certificate when a return of deposit is filed, deposit insurance documentation, trust deeds or charge instruments where relevant, a list of depositors if balances remain, and details of liquid assets; interest outstanding must be reported with principal. (AI Summary)
Author
Date 27 Jun 2019
Like 0 Bookmark
Classification of tea as agricultural produce affects GST exemption for warehousing and related services for processed tea.
The AAR and AAAR applied the Notification No. 12/2017 CT (Rate) definition of agricultural produce, concluding that tea subjected to manufacturer processing (drying, rolling, fermentation, roasting, sieving) by persons other than cultivators acquires altered characteristics and thus does not qualify as agricultural produce; accordingly, warehousing and related services for such processed tea are not covered by the exemption for loading, unloading, packing, storage or warehousing of agricultural produce. (AI Summary)
Date 27 Jun 2019
Like 0 Bookmark
Goods and Services Tax reshapes state revenue and compliance through destination taxation, valuation rules, refunds, and compensation mechanisms.
Goods and Services Tax is a destination-based indirect tax consolidating prior levies to curb cascading taxation. Aggregate turnover for registration and composition counts taxable, exempt and zero-rated supplies. Valuation rules now include interest and penalties; refunds arise for exports and inverted duty situations. Stock transfers have specific tax and input credit implications where eligible. Alcoholic liquor for human consumption remains outside GST; certain petroleum products may enter GST only upon GST Council recommendation. A compensation mechanism addresses state revenue shortfalls and import taxation powers have been aligned with customs law. (AI Summary)
Author
Date 26 Jun 2019
Like 0 Bookmark
Number of CA exam attempts shapes first-job access at top employers, while later career growth depends on performance.
The article explains that many employers and campus recruiters use the number of attempts as an early screening criterion, with attempts in the CA Final carrying greater weight as the most recent academic signal. Although fewer attempts can ease entry into top firms, long term career progression depends more on practical experience, workplace performance, and demonstrable professional skills. Attempt history is largely immaterial for those entering independent practice, where networking and client skills determine success. (AI Summary)
Date 26 Jun 2019
Like 0 Bookmark
Credit note under GST: supplier-issued adjustments reduce taxable value and require reciprocal input tax and return reconciliation.
Credit notes under GST reduce the taxable value and tax of a prior invoice for returns, overcharging, or discounts; B2B credit notes are reported in GSTR-1 table 9 and B2C in table 7. Multiple credit notes may be issued against an invoice (and vice versa) after amendment, but tax-adjusting credit notes must be issued within six months from the end of the financial year of the original invoice, after which only non-tax-adjusting financial credit notes may be recorded. Suppliers and recipients must coordinate accounting, input tax reversals, e-way bill generation, and return reconciliation. (AI Summary)
Date 26 Jun 2019
Like 0 Bookmark
Rectification of apparent mistakes permits post-assessment correction; appeals and revision provide sequential tax remedies subject to limits.
The document summarises post-filing remedies: rectification under section 154 for apparent mistakes in orders and specified intimations, filed within the applicable limitation and decided within a prescribed period; appeal to CIT(A) by memorandum with grounds, documents and fees, with allowance for additional grounds/evidence but without automatic stay of recovery; and revision under section 264 against orders (not intimation), available when appeal rights are lost or waived and resulting revision orders are non appealable. (AI Summary)
Author
Date 26 Jun 2019
Like 0 Bookmark
Application of Criminal Procedure Code governs search, seizure, arrest, bail and summons procedures under the GST framework.
The Act applies Criminal Procedure Code mechanisms to GST enforcement: search and seizure procedures are governed by CrPC provisions with modification that records are forwarded to the Commissioner; tax officers may arrest and follow Code based bail and custody processes for specified offences, with certain officers vested with police equivalent powers for non cognizable bailable matters; most offences are treated as non cognizable and bailable except those specifically designated cognizable and non bailable; and summons and inquiry powers mirror civil court procedure and are treated as judicial proceedings for penal provisions on false evidence. (AI Summary)
Date 25 Jun 2019
Like 0 Bookmark
GST system failures lead to protection from penal action and directions to accept migrated registrations and returns.
Courts have treated GST portal and administrative failures as grounds to restrain coercive action and require authorities to accept migration, composition and other returns retrospectively or provisionally; judges directed manual or provisional processing of TRAN 1 and revised returns, protection from penalties where IDs/passwords or system defects prevented timely filing, and administrative coordination to resolve systemic issues. (AI Summary)
Date 25 Jun 2019
Like 0 Bookmark
Input Tax Credit reconciliation: declare supplies by tax-payment period and reconcile auto-populated GSTR-9 entries before filing.
GSTR-9 requires declaring supplies based on when tax was paid via GSTR-3B (July-March in Part II, April-March in Part V). Table 8A is auto-populated from suppliers' filed GSTR-1 as of the filing cutoff and shows latest amended values, excludes certain intra-state place-of-supply and composition-period credits, and therefore may differ from a recipient's GSTR-2A; taxpayers must reconcile and report figures as per their books. Import IGST availed should be entered in Table 6(E). (AI Summary)
Author
Date 24 Jun 2019
Replies 1 Reply
Like 0 Bookmark
Freedom of press: publication of government documents in the public domain can be considered in judicial adjudication despite privilege claims.
Freedom of press is a constitutional right tied to Article 19(1)(a) that serves the public interest and the people's right to know, while carrying a duty of responsibility. Publication of government or classified documents raises claims of privilege and state confidentiality, but where such material appears in the public domain courts may consider it and adjudicate petitions on their merits, with admissibility and procedural safeguards governing its use. (AI Summary)
Date 24 Jun 2019
Like 0 Bookmark
Reverse charge mechanism: specified services require the recipient in the taxable territory to discharge GST instead of the supplier.
Specified service categories attract the reverse charge mechanism, making the recipient in the taxable territory liable for GST instead of the supplier. The enumerated items pair particular suppliers (e.g., GTA not paying central tax, individual advocates, arbitral tribunals, sponsors, directors, insurance agents, recovery agents, authors/composers, overseas committee members, importers, foreign carriers, government lessors, business facilitators/agents, security service providers) with designated recipients (various business entities, banks, insurers, importers, registered persons), and include special rules and exclusions such as deemed freight valuation for vessel transport and exceptions for certain government or composition-scheme recipients. (AI Summary)
Date 21 Jun 2019
Replies 3 Replies
Like 0 Bookmark
Power of arrest under GST provisions limited to cognizable non bailable offences, creating inconsistency with non cognizable rules.
The statutory provisions create an apparent conflict where section 69(1) confines the Commissioner's power to order arrests to cognizable and non bailable offences under section 132(1)(a)-(d), while section 132(4) classifies other offences as non cognizable and bailable. Section 69(2) prescribes immediate magistrate production for arrests, correlating with cognizable non bailable offences, yet section 69(3) addresses procedures and bail for non cognizable offences and alone references the Code of Criminal Procedure, producing an internal inconsistency between arrest authority and procedural treatment. (AI Summary)
Date 21 Jun 2019
Like 0 Bookmark
GST audit applicability requires audited accounts and reconciliation when aggregate turnover exceeds the statutory threshold and GSTR 9 precedes GSTR 9C.
GST audit applies where aggregate turnover exceeds the statutory threshold and mandates submission of audited annual accounts and a reconciliation statement with GSTR 9C. Aggregate turnover includes taxable supplies, exempt supplies, exports and inter State supplies on an all India basis but excludes specified taxes. GSTR 9 must be filed before GSTR 9C. GSTR 9C comprises Part A (reconciliations for gross turnover, taxable turnover, rate wise tax liability and ITC) and Part B (auditor certification and reporting of observations, discrepancies and inconsistencies). (AI Summary)
Author
Date 21 Jun 2019
Replies 2 Replies
Like 0 Bookmark
Reconciliation of ITC: bifurcate credits by expense head for GSTR 9C; unreconciled differences may require payment or credit lapse.
Point IV.14 requires reconciliation of ITC claimed in GSTR 9 with ITC in audited books by bifurcating total ITC across expense heads using supplier details and accounting descriptions. Auditors must verify eligibility and exclude ineligible or blocked credits from reported availed ITC. Differences between book ITC and annual return ITC must be explained; unreconciled excess claims can lead to payment obligations and short claims can lead to lapse of credit. (AI Summary)
Date 20 Jun 2019
Replies 2 Replies